'Cp  3*73.  if 


A  BILL  TO  PROVIDE  FOR  THE  ESTABLISHMENT 
OF  GRADED  SCHOOLS  IN  NORTH  CAROLINA 


THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 

NORTH  CAROLINIANA 

PRESENTED  BY 

Lindsay  Warren 


This  book  must  no 
be  taken  from  th 
Library  building. 


House  Bill  No.  20.]  [Ses.  1863. 


Introduced  by  Mr.  Harris,  of  Cabarrus. 
W.  W.  Hoiden,  Printer  to  the  State. 


A  BILL  TO  PROVIDE  FOR  THE  ESTABLISHMENT 
OF  GRADED  SCHOOLS  IN  NORTH- CAROLINA, 
AND  FOR  OTHER  PURPOSES. 

Section  1 .  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North-Cai  olina,  and  it  is  hereby  enacted  by  the  au- 

3  thority  of  the  same,  That  there  may  be  established  in  each 

4  county  iti  the  State,  one  or  more  Graded  or  High  Schools, 

5  as  part  of  the  system  of  Commoti  Schools,  und  under  the 

6  regulations  hereinafter  prescribed.     And  the  whole  sys- 

7  tern  of  Graded  and  Common  Schools  shall  hereafter  be 

8  known  and  designated  as  The  Public  Schools  of  Worth- 

9  Carolina. 

Seo.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty 

2  of  the  President  and  Directors  Of  the  Literary  Fund  to 

3  set  apart,  of  the  annual  proceeds  of  said  fund,  not  more 

4  than  twenty  jper  cent,  of  the  amount  due  to  each  County, 

5  for  the  support  of  one  or  more  Graded  Schools  in  the 

6  same :  Provided,  Such  appropriation  can  be  made  with- 

7  out  impairing  the  efficiency,  or  interfering  with  the  usual 

8  operations  of  the  Primary  or  Common  Schools ;  Andpro- 

9  vided,  A  sum  equally  large  is  raised  by  county  taxes  for 
10  the  same  purpose. 

Sec.  3.  Be  it  further  enacted,  That  any  county  of  the 
2  State  may,  by  its  County  Court,  a  majority  of  the  justices 
8  being  present,  adopt  this  system  of  Graded  Schools,  with- 

4  out  waiting   for  the  action  of  other  counties ;  and  the 

5  clerk  of  the  County  Court  may,  at  the  request  of  the 

6  State  Superintendent  of  Public  Schools,  call  the  justice* 


2'  TIousk  'Bh.l  No.    20.  [Session 

7  together  out  of  term,  and   the  system  of  Graded  Schools 

8  may  be   adopted   at  such   meeting,  the   proceedings  of 

9  which  shall  be  recorded  and  authenticated  by  said  clerk. 

Sec.  4.  Be  it  further  enacted,  That  when  the  system  of 

2  Graded  Schools  is  thus  adopted  by  any  county  in  the  Statef 

3  it  shall  be  the  duty  of  the  County  Court  of  the  same  to 

4  lay  a  tax  for  its  support,  the  amount  of  which  shall  be  at 

5  least  equal  to  the  amount  appropriated  for  the  same  pur- 

6  pose  from  the  Literary  Fund.     And  the  said  tax  shall  be 

7  due  and  collected  as  other  school  taxes,  and  shall  be  pay- 

8  able  to  the  Treasurer  of  the  Trustees  of  the  Graded  Schools 

9  for  the  county.     And  the  Sheriff  shall  be  liable  for  default 

10  as  in  case  of  other  school  taxes,  and  he  and  the  Treasurer 

11  shall  agree  in  a  statement  of  said  taxes,  to  be  filed  with 

12  the  clerk  of  the  County  Court,  under  the  same  rules,  reg- 

13  ulations  and  penalties  as  are  prescribed  in  regard  to  othe? 

14  school  taxes ;  and  the  clerk  of  the  County  Court  shall  re- 

15  cord  the  same,  and  transmit  it  to  the  State  Superintendent 

16  of  Public  Schools,  under  the  regulations  above  referred  to. 

Sec.  5.  Be  it  further  enacted,  That  there   shall   be  a 

2  Board  of  Trustees  for  the  Graded  Schools  in  each  county 

3  adopting  the  same,  to  consist  of  five  persons,  to  wit :  of 

4  the  Chairman  of  the  Board  of  County  Superintendents  of 

5  Public  Schools;  of  two  persons,   citizens  of  the  county, 

6  annually  elected  by  the  County  Court,  a  majority  of  the 

7  magistrates  being  present;  and  of  two  persons,  citizens  of 

8  the  county,  to  be  annually  appointed  by  the  State  Super- 
intendent of  Public  Schools,  and  liable  to  rerroval  by  him 

10  for  neglect  of  duty,  incompetency,  or  misconduct  in  office  ; 

11  and  each  member  of  the  Board  of  Trustees  shall  continue 

12  in  office  until  his  successor  is  appointed.     And  the  said 

13  board  shall  be  and  is  hereby  constituted  a  body  politic 

14  and  corporate,  under  the  name  and  style  of  "The  Trus- 
ts tees  of  the  Graded  School  (or  Schools)  of county ;" 

18  and  as  such  shall  have  succession,  and  power  to  sue  and 

17  be  sued,  to  plead  and   be  impleaded  in  courts  of  law  and 

18  equity,  and  to  receive,  hold  and  transfer  real  and  personal 


1803.]  House  Bill  No.  20.  3 

19  property,  for  the  uses  of  said  schools.    And  ail  the  records, 

20  books  and  papers  of  said  Trustees  shall  be  preserved  for 

21  the  use  of  their  office,  and  transferred  to  their  successors. 
Sec.  6.  Be  it  further  enacted,  That  the  said  Trustees 

2  shall  annually  elect,  of  their  number,  a  President,  Secre- 

3  retary  and  Treasurer.    The  President  shall  preside  at  their 

4  meetings,  and  shall  have  power  to  call  the  board  together 

5  at  such  times  and  places  as  he  may  designate.    The  Sec- 

6  retary  shall  record  all  the  proceedings  of  the  board  in  a 

7  book  kept  for  that  purpose,  and  file  and  preserve  official 

8  documents.    And  the  Treasurer  shall  receive,  hold  and 

9  pay  out  all  the  funds  due  to  the  board  or  to  him  as  Treas- 

10  urer,  but  shall  make  no  payment  except  on  the  warrant  of 

11  the  president  countersigned  by  the  Secretary. 
Sec.  7.  Be  it  further  enacted,  That  before  the  Treasurer 

2  enters  on  his  duties  he  shall  give  a  bond,  in  such  sum  and 

3  with  such  sureties  as  the  Trustees  may  designate  and  ap- 

4  prove,  payable  to  the  State  of  North-Carolina,  conditioned 

5  for  the  faithful  performance  of  his  duties ;  which  bond 

6  shall  be  filed,  recorded  and  renewed  as  bonds  of  Chair- 

7  men  of  Boards  of  County.  Superintendents  of  Public  or 

8  Common  Schools.    And  the  Treasurer,  so  qualified,  shall 

9  be  entitled  to  demand  and  receive  from  the  Treasurer  of 

10  the  Literary  Fund  of  the  State,  from  the  Sheriff  of  the 

11  county,  and  from   others,  the   funds  due  to  the  Graded 

12  Schools,  he  presenting  to  the  Treasurer  of  the  Literary 

13  Fund  a  warrant  similar  to  that  of  the  Chairman  of  the 

14  Board  of  County  Superintendents  of  Public  Schools,  au- 

15  thenticated  by  the  clerk  of  the  County  Court,  with  his  seal 

16  of  office. 

^  Sec  8.  Be  it  further  enacted,  That  the  said  Treasurer 

2  shall  pay  to  his  successor  in  office  all  the  funds  in  his  hand  \, 

3  under  the  same  rules  and  penalties  as  are  required  in  case 

4  of  Chairman  of  County  Superintendents  of  Public  Schools, 

5  and  shall  annually,  at  such  time  as  may  be  designated  by 

6  the  State  Superintendent  of  Public  Schools,  make  a  report 
,^          7  to  his  Board  of  receipts,  credits,  disbursements  and  debts, 

\» 


! 


4  House  'Bill  No.  20.  [Session 

•  8  which  report  shall  be  examined  like  reports  of  Chairmen 
9  of  County  Superintendents  of  Public  Schools,  recorded  by 

10  the  Secretary  and  sent  to  the   State  Superintendent  of 

11  Public  Schools,   authenticated  like   the  reports  of  said 

12  Chairmen,  and  under  the  penalties  and  regulations  pre- 

13  scribed  in  their  case.    And  for  his  services  herein  he  shall 

14  be  allowed  to  retain  five  per  cent,  of  the  earnings  which 

15  pass  through  his  hands ;  and  all  the  Trustees  shall  be  paid 

16  from  the  public  fund  whatever  reasonable  expenses  they 

17  may  incur  in  the  discharge  of  their   duties,  to  be  credited 

18  and  approved  by  the  Committee  of  Finance  for  the  County. 

Sec.  9.  Be  it  further  enacted,  That  it  shall  be  the  duty 

2  of  the  Trustees  of  the  Graded  Schools  to  select  locations 

3  and  to  receive   buildings  for  the  use  of  the  Schools,  they 

4  being  required  to  locate  them  in   the  county,  when  it  is 

5  possible,  and  to  have  reference  to  the  economy  of  living, 

6  to  health,  and  to  the   convenience  of  the  people  of  the 

7  county.    And  it  shall  be  the  further  duty  of  said  Trustees 

8  to  determine  the  number  of  pupils  which  may  be  admitted 

9  into  such  School,  to  arrange  the  sessions  of  the  same,  to 

10  select  teachers  and  fix  their  salaries,  to  fix  the  rates  of 

11  tuition  for  paying  pupils,  to  visit  the  Schools   and  aid  in 

12  preserving  discipline,  to  select  the  pupils,  under  the  regu- 

13  lations  hereinafter  prescribed,  to  meet  at  least  three  times 

14  in  each  year,  and  to  make  to  the  State  Superintendent  of 

15  Public  Schools  a  semi-annual  report,  at  such  time  as  he 

16  may  prescribe,  and  in  the  forms  prepared  by  him,  setting 

17  forth  the  number,  sex  and  character  of  the  pupils  of  each 

18  School,  the  number  of  teachers  employed  and  their  sala- 

19  ries,  the  prices  of  tuition,  the   studies  pursued,  the  value 

20  and  character  of  the  buildings  and  school  apparatus,  the 

21  receipts  and  disbursements  of  th©  Treasurer,  and  such 

22  other  information  as  the  said  State  Superintendent  may 

23  require. 

Sec.  10.  Be  it  further  enacted.  That  the  Trustees  shall 

2  in  no  case  pay  for  buildings  for  the  use  of  said  Schools  or 

3  for  apparatus  or  furniture. 


1965.]  House  Bin,  No.;  20.  3 

Sec.  11.  Be  it  further  enacted,  That  it  shall  be  the  duty 

2  of  the  State  Superintendent  of  Public  Schools  to  prescribe 

3  the  course  of  studies  for  the  Graded  Schools,  to  furnish 

4  instructions  and  blanks  to  trustees  and  teachers,  to  fix  the 

5  times  for  the  annual  reports  of  Trustees  and  Treasurers^ 

6  to  determine  the  forms  of  reports  from   teachers  to  the 

7  Trustees,  to.  arrange,  in  connection  with  teachers,  the  forms 

8  of  certificates   of  scholarship  to  be  issued  and  signed  by 

9  teachers  and  trustees ;  to  exert  himself  to  have  the  pro- 
10  visions  of  this  bill  carried  out  in,  each  county  of  the  State  ; 
1 L  to  appoint  an  agent  in  each  county  to  solicit  donations  for 

12  the  use  of  the  Schools,  and  to  be  paid  to  the  Treasurers  of 

13  Boards  of  Trustees ;  to  decide  all  questions   arising    in 
1-1  regard  to  the  meaning  of  this  bill,  and  which  shall  be 

15  binding  until  reversed  by  a  court  jof  record,  having  juris- 

16  diction  in  the  premises ;  and  to  embody   in  his  annual 

17  report  a  summary  of  the  statistics  of  each  Graded  School, 

18  with  the  report  in  full  of  each  Treasurer. 

Sec.  12.  Be  it  further  enacted,  That  it  shall  be  the  object 

2  of  the  Graded  Schools  to  furnish  a  thorough  business  edu- 

3  cation,  and    to   prepare    good   teachers  for  the  Public 

4  Schools ;  and  the  Schools  shall  be  male  and  female,  the  sexes 

5  having  separate  apartments  for  study,  and  when  impor- 

6  tant,  for  recitation,  and  separate  grounds  for  recreation 

7  and  amusement. 

Sec.  13.  Be  it  further  enacted,  That  two  classes  of  pupils 

2  may  be  admitted  into  the  Graded  Schools,  to-wit :  pupils 

3  who  pay  tuition  and  those  who  do  not  \  but  there  shall  be 

4  no  distinction  in  the  studies  or  discipline  of  these  classes. 

Seo.  14.  Be  it  further  enacted,  That  the  Trustees  of  the 
'.  2  Graded  Schools,  in  order  to  procure  suitable  buildings, 

3  furniture  and  apparatus,  may  allow  those  who  supply  the 

4  same,  to  furnish  not  more  than  one-fourth  of  the  pupils  of 

5  the  school  to  which  they  so  contribute,  the  pupils  to  be 

6  apportioned  among  them  by  their  own   agreement,  and  if 

7  they  cannot  agree,  by  the  Trustees  ;  and  these  pupils  shall 

8  in  all  cases  pay  the  tuition  charged  to  paying  pupils  of  all 


6  House  Bill  No.  20.  [feeasion 

9  classes,  and  which  shall  be  fixed  by  the  Trustees  of  each 

10  school  at  reasonable  rates,  according  to  the  studies  pursued. 

Sec.  15.  Be  it  further  enacted,  That  the  pupils  who  do 

2  not  pay  tuition  shall,  if  so  many  apply,  constitute  the  other 

3  three-fourths  of  the  schools;  and  these  shall  consist  of  the 

4  following  classes  to  be    entitled  to  priority  of  admission 

5  in  the  order  in    which    they   are  here   named,    to-wit : 

6  First,  persons  not  over  thirty-five  years  of  age  who  have 

7  been  disabled  in  the  military  service  of  the  country  from 

8  manual  labor,  and  who  are  dependent  on  their  own  exer- 

9  tions   for  a   living.     Secondly,   indigent   children   whose 

10  fathers,  and  if  they  were  fatherless,  whose  supporters  have 

11  died  or  been  killed  or  disabled  in  the  service  of  the  State 

12  or  of  the  Confederate  States,  during  the  present  war,  and 

14  who  are  between  the  ages  of  12  and  21.     Thirdly,  the 

15  indigent  children  of  soldiers  of  the  State  or  of  the  Con- 

16  federate  States  during  the   war,  but  have  not  lost  their 

17  fathers  or  supporters,  and   who  are  between   the   ages  of 

18  12  and    21.     Fourthly,    persons    who     wi&h    to    teach 

19  Public  Shools,  and  who  are  unable  to  pay  tuition,  and 

20  who,  if  females,  are  between  the  ages  of  15  and  27,  and  if 

21  males,  between  the  ages  of  16  and  30.    Fifthly,  the  chil- 

22  dren  of  any  class  who  are  unable  to  pay  tuition,  and  who 

23  are  between  the  ages  of  12  and  21. 

Sec.  16.   Be  it  further  enacted,  That  if  any   Graded 

2  School  is  not  filled  by  the  classes  of  pupils  described  in 

3  sections  XIY  and  XV,  then  paying  pupils  may  be  received 

4  between  the  ages  of  12  and  21,  from  any  class  within  the 

5  county,  and  if  net  filled  by  pupils  from  the  county,  by 

6  paying  pupils  from  other  counties.    And  all  non-paying 

7  pupils  shall  come  from  the  county  in  which  the  school  is 

8  located  unless  these  do  not  fill  it. 

Sec.  17.   Be  it  further  enacted,  That  all  applicants,  of 

2  every  class,  for  admission  into  the  Graded  Schools,  shall 

3  be  examined  by  the  committee  to  examine  teachers  of 
.   4  public  or  Common  Schools,  and  shall  be  required  to  exhibit 

5  the  evidences  of  moral  and  mental  qualifications  required 


1SU3.]  Hol-ss  Bill  No.  2'tf.  7 

6  in.  teachers  of  Common  Schools,  and  to  receive  certificates 

7  to  that  effect  before  they  can  enter   said  Graded  Schools. 

Sec.  18.  Be  it  farther  enacted,  That  the   committee  to 

2  examine  Common  School  Teachers,  shall  hereafter  consist 

3  of  the  Chairman  of  the  Board  of  Superintendents  of  Com- 

4  raon  Schools,  "who  shall  be  ex-officio,  Chairman   as  hereto- 

5  fore,  and  if  there  is  one  Graded  School  in  the  county,  of 

6  its  principal  as  a  second  number,  if  there  are  two,  of  the 

7  principals  of  these,  and  if  more  than  two,  then  of  the  two 

8  who  may  be  selected  by  the  Board  of  County  Superinten- 

9  dents.     And  if  there  is  but  one  Graded  School,  or  nono, 
10  said  Board  shall  fill  out  the  committee  as  heretofore. 

Sec.  19.  Be  it  further  enacted,  That  the  Committee  of 

2  Examination,  in  each  county  where   there  is  a  Graded 

3  School  shall  meet  at  least  four  times  a  year  to  examine 

4  applicants  for   admission  into  it ;  they  shall  give  public 

5  notice  of  the  time  and  place  of  such  meeting,  and  shall 

6  receive  the  same  compensation  paid  for  examining  Com- 

7  mon  School  Teachers.     And  it  shall  be  the  duty  of  the 

8  State  Superintendent  of  Public  Schools  to  issue  annual 

9  letters  of  instructions  and  suggestions  to  these  Committees. 

Sec.  .20  Be  it  further  enacted,  That  the  Trustees  of  the 

2  Graded  Shools  shall,  under  the  directions  of  the  State 

3  Superintendent,  and  in  the  forms  prescribed  by  him,  give 

4  notice  through  the  JT.  C.  Journal  of  Education,  in  the 

5  newspaper  having  the  largest  circulation  in  the  county  and 

6  in  four  public  places,  including  the   court  house   door,  of 

7  the  commencemeut  of  each  session  of  the  Graded  Schools, 

8  of  the  number  of  pupils  to  be  admitted,  and  of  the  terms, 

9  and  also,  of  the  times  and  places  where  the  Trustees  will 

10  meet  to  receive  applicants  for    admission.    And  when 

11  there  are  more  applicants,  duly  qualified,  of  any  one  class 

12  entitled  to  admission,  than  will  fill  the  School,  the  selec- 

13  tion  shall  be  made  by  lot. 

Sec*  21.  Be  it  further  enacted,  That  donations  and  sub- 

2  scriptions  on  the  pait  of  individuals  or  bodies  for  the  use 

3  of  the  Graded  Schools  shall  be  invested  in  the  name  of 


*  floes*  B'iij.  ?vo.  20.  [Sen.  iMi. 

4  .the  Trustees,  and  the  proceeds  used  as  the  public  fund, 
f>  unless  said  contributions  are  nooded  for  the  annual  sup- 
<>  port  of  the  schools ;  and  all  income  of  all  classes,  contrib- 

7  uted  without  conditions,  shall  be  first  devoted  to  the  pay- 

8  ment  of  teachers,  salaries,  and   to  the  expenses  of  the 

9  Trustees,  and  the  purchase  of  necessary  fuel.     If  there  is 

10  any  balance  left,  after  the  payment  of  these  expenses,  the 

11  portion  arising  from  county  funds  and  from  private  contri- 

12  butions  shall  be  invested  for  the  use  of  the  schools,  and 

13  that  coming  from  the  Literary  Ifuhd  be  held  subject  to 

14  the  order  of  the  President  and  Directors  of  said  fund. 

Sec.  22.  Be  it  further  enacted,  That  the  Common  and 

2  Graded  Schools  of  the  State  shall  be  called  The  Public 

3  Schools  of  North-  Carolina^— the  former  to  be  distinguished 

4  from  the  latter  by  the  term  Primary,  and  the  latter  to  be 

5  known  by  the  name  of  Graded  Schools. 

Sec.  23.  Be  it  further  enacted,  That  it  shall  be  the  duty 

2  of  the  State  Superintendent  of  Public  Schools  to  haves  this 

3  Bill  published  in  pamphlet  form  and  circulated  among  the 

4  people  and  authorities  of  the  State ;  and,  also,  to  furnish 

5  for  publication  in  the  newspapers  a  digest  of  its  provisions 

6  with  a  numbered  list  of  the  classes  of  persons  for  whose 
*T  benefit  the  Schools  herein  provided  for  are  designed. 

Sec.  24.  Be  it  further  enacted,  That  this  Bill  shall  be  ifl 
S  force  from  and  after  its  ratification. 


• 


.'  — 


:r 


